Third deputy alleges retaliation

* The latest action and two previous ones against Kitsap County total $7.5 million.

By Brian Mockenhaupt

Sun Staff

A lawsuit filed last week against Kitsap County by a deputy sheriff is the first of three outstanding actions to be brought to superior courts by former and present employees of the sheriff's office. Actions by deputies against the county now total $7.5 million.

The suit was filed in Mason County Superior Court on behalf of Philip Colcord against the county and three members of the Kitsap County sheriff's office, including Sheriff Pat Jones.

In the suit, Colcord alleges that Jones, Undersheriff Chuck Wheeler and Chief Criminal Deputy Ray Magerstaedt took actions to punish deputies, including Colcord, who supported Jones' opponent, Charles Avery, in the 1994 election for sheriff.

Colcord, a 22-year veteran of the sheriff's office, alleges the three violated his civil rights, slandered him, invaded his privacy and intentionally inflicted emotional distress among other charges.

The suit alleges that the defendants talked to other deputies and insinuated Colcord would be fired for allegedly sending an anonymous letter distributed Oct. 19 that charged misconduct by Jones and others in the office.

The suit claims the defendants' actions were meant to intimidate Colcord and serve as an example to any others who might support Avery in the election.

Though no amount was mentioned in the filing, Colcord's attorney, Randy Loun, said they would be seeking $2.5 million.

The suit comes just one week after a captain and former detective in the sheriff's office filed separate claims of $2.5 million each against Kitsap County.

Wheeler characterized the suit and the claims as "nothing but political retaliation."

"Those claims and suits are full of lies," he said. "Their sole purpose was to make (Jones) look bad."

The defendants in the suit are considering a countersuit, Wheeler said. "I'm more than happy to go to trial to get the truth out. The sheriff welcomes the opportunity to ... get to the truth."

Loun, who is also representing Capt. Terry Miller and former detective Douglas Hudson, said those claims will probably filed as lawsuits as well since the county has not responded with a settlement offer.

"Anyone who checks the personal files will find nothing that suggests they were disgruntled employees," Loun said. "All three have excellent reputations and ratings. If they are disgruntled, it is because of something they perceive to be going on."

Miller alleges the sheriff and others in his office changed his work shift after the November general election in retaliation for his support of Avery. He now works the swing shift from 3 p.m. to 11 p.m. He said the sheriff's office also refused to investigate the origin of threatening letters he and his wife received.

Hudson's claim alleges he became aware of criminal activities by fellow deputies when he worked in the office in 1991 but Jones refused to investigate. He also alleges that he when he planned to run for sheriff in 1992 he was demoted to a patrol deputy.

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